Council Denies Circle K Alcohol Permit

Don Schmitz, who is representing the owner, MMK Enterprises, said he feels singled out and disappointed about the denial.

Deciding to draw a line in the number of businesses selling alcohol in Malibu, councilmembers voted Monday to deny an alcohol permit for Circle K on Pacific Coast Highway.

In a 4-0 vote, with Councilman John Sibert voting through teleconference, the council opted to deny the appeal of a conditional use permit for the sale of beer and wine for offsite consumption at the Circle K. Councilwoman Joan House recused herself because as a planning commissioner she had voted to reject the application.

"When do we start limiting? Do we start after the next one? Do we start now?" Councilwoman Laura Zahn Rosenthal asked at the beginning of the discussion.

Councilman Skylar Peak said the time is right to start limiting the number of alcohol permits.

"If we continue to add more ... we are going to have more issues with drunk drivers on the highway," Peak said.

Mayor Lou La Monte said he frequents the gas station and could stand in the Circle K parking lot and throw a rock and hit two other businesses that already sell alcohol.

"I think that is too many. I think the PCH is much too dangerous of a place," La Monte said.

The owner of Malibu 76 Circle K, MMK Enterprises, originally applied for an alcohol permit in March 2011.

The Malibu Planning Commission denied the permit for the sale of beer and wine in November 2011, and the owner appealed the denial in December of that year.

Commissioners cited an "over-saturation" of alcohol providers in the area around the corner of Pacific Coast Highway and Rambla Pacifico Road.

During the public hearing, Don Schmitz, who represented the owner said there are already more than a dozen other alcohol permits in the city.

“We are the only ones where the city has applied this policy,” Schmitz said.

He said the area does not have high crime and that the owner is bringing in security services from 9 p.m. to midnight on Friday and Saturday evenings.

“It’s laughable to call this a high crime area,” Schmitz said.

He asked for a six-month conditional use permit, pointing to previous city approval of a permit for the Malibu Inn.

Farzaneh Okhovat, who spoke in favor of the alcohol permit, said she believed the city was unfairly targeting the Circle K owner because he is Persian.

"This city discrimination needs to be stopped here," Okhovat said.

Mayor Lou La Monte reacted to the accusation with strong words.

"I am not basing my decision on ethnicity. I’m not basing it on whether you sell gas or not sell gas. I think that is rather insulting to all of us and the planning commission as well," La Monte said.

Malibu resident Julie Eamer of a Safer PCH spoke during the hearing about her concerns about another business selling alcohol on PCH.

"We are also nervous about the Circle K having this because that opens the door to all the other gas stations in Malibu to have it," Eamer said. 

Kim Devore, who lives in a home behind Circle K, said she gathered 400 signatures from the local community opposing the permit.

"I've been fighting this since '07," Devore said. "I hope it is over."

Schmitz said the owner is considering all of his options moving forward.

"He feels singled out and extremely disappointed," Schmitz said.

Marshall Thompson October 27, 2012 at 06:16 PM
Roger that on the Circle K Corp.
Hans Laetz October 27, 2012 at 06:42 PM
I would feel a whole lot better about Mr. MMK Enterprise's promises if he didn't have three or four illegal pole or temporary signs at his gas station as I drove by this morning, violating Malibu's sign code.
edvice October 27, 2012 at 07:13 PM
Well that's after the fact and I have no opinion on that because I do not know what's in the heads of council, is it to many or is it something else no one will know, they made their decision. My argument is the logic on keeping PCH safer and your horrid comparison. Which by the way you could not answer, more nanny state from the likes of you and others , what shall we crusade next for???? CVS, Ralphs, or any other place that sells, what are you trying to accomplish??? Explain your rational for wanting to limit business like this from selling a over priced product and where do you stop? At the last gas station or the last store?? Maybe we should eliminate all liquor sales in restaurants up and down PCH then maybe PCH will be safer, according to your logic that is .....
Mark Hayes October 27, 2012 at 07:33 PM
Hans, The number of sign violations in Malibu defy even our code enforcement. Today there are Vons banners(the new billboard) at the vons and even at the trancas chevron. I wouldn't even know where to begin.
Hans Laetz October 27, 2012 at 08:02 PM
"I do not know what's in the heads of council, is it to many or is it something else no one will know, they made their decision. ." Oh really? That's funny, because they made a thorough public discussion of it, and then posted it on the web. You could see it at 1:40 into the last meeting if you used your motor skills and intellect to find it on the web. What do we NOT want? A liquor store at every gas station. We do not want a liquor license density like Compton's. If you bothered to look at the city council meeting tape, you would have heard our mayor say that. And he's right. You actually make valid points about the plethora of liquor licenses on PCH. We in Malibu watch them like hawks. The nightclub at the Malibu Inn generated heated opposition and -- believe me -- those operators know they are walking on eggshells. Paradise Cove needs a crackdown. You're right.TUsing our logic, there is WAY too much booze on PCH, and people out here are not going to take it anymore. Nanny state? No, that would only be if drunk driving affected the drunks. Out here, it's self protection.
edvice October 27, 2012 at 09:01 PM
So because you watched it you know what's in their hearts and minds on the decision???? And if your worried about self protection go buy a tank and live in a bomb shelter. Prohibiting liquor sales does not do anything and yes you are endorsing prohibition which is Nanny State at its highest form. Don't like it move to Utah a dry state. Drunk drivers are affected if caught driving and if worse are hit with manslaughter or worse in accident fatalities. Tough punishment is the deterring factor not prohibition or denial of legitimately run business to sell liquor!!! Obviously your motor skills and intellect is lacking when you can't see the idiocracy that you want to implement. Also your comparisons and retorts are poor and its more a emotional stance you take on this topic than a intellectual one which shows your motor skills need improvement I suggest reading or maybe flash cards to help you improve this dysfunction you have.
Niles Akbar October 27, 2012 at 10:23 PM
I got it, Ed, you ARE the liquor license applicant, right? Please go away and take your overpriced in-convenience store with you, thanks. The possibility of "tough punishment" has little deterrent effect on drunks. I'm for limiting alcohol outlets on a grossly dangerous highway. Yours included.خداحافظ Thanks, Google translate!
TOPTOBU October 27, 2012 at 10:23 PM
Does edvice work for Don Schmitz (because Don said he would not say anything more)? edvice is wrong on the facts and Hans is correct in all aspects of the matter. Go Hans!
Hans Laetz October 27, 2012 at 10:38 PM
Your words could not have represented your cause better. Thank you for this insight,
edvice October 27, 2012 at 10:53 PM
I wish I did maybe my checks would be better but alas I do not. And no one has proven how this makes PCH safer. FACT!!!! Who is forcing people to buy all this alcohol in Malibu ????? Which is my point!!!! Eliminate it all then .....will that help the situation ??? Did prohibition work???? Obviously TOPTOBU you have not read a thing I posted. I posted relevant questions on the logic of this denial. Which all you guys can say is it makes us safer but you CAN'T PROVE IT. It's just your theory which u can spin into any type situation like let's ban cars on PCH and only allow bicycles that should make PCH safer right!!!! I wouldn't even buy beer there because one I don't work for Don and can't afford it and two I drink liquor more than beer so it just makes sense for me to buy at the grocery store but who's blaming them for making PCH unsafe???? Certainly not me because I own up for my actions and act as a adult and won't let others make that decision for me. Just shows how you think and how your skewed views will implement policy not for the greater good but for your own personal ideals. Sad really that u think u did something great here, I'm for limiting morons but somehow you two slipped thru oh well maybe ill catch you out and about and ill buy you guys a drink, Niles can can be the DD
hellwood October 28, 2012 at 12:20 AM
Who can resist a nice frosty one after a scorching day at the beach?? Lets pretend that people sitting in traffic on their way home get thirsty, see that place, pull over and suddenly ALL of the passengers are like "Duuuuuuude!!! BEER??????!!!!!!!!!! Woohoo!!!!!!!!!!!!!!!! ...and the driver is like, "you didnt get me water?? WTF? ....oh well, give me a sip of that 40." haha! just kidding. this could never happen.
Hans Laetz October 28, 2012 at 01:30 AM
Very cogent argument, Ed. You make your point very well. You lose Next
TOPTOBU October 28, 2012 at 02:02 AM
Hellwood is right on!
edvice October 28, 2012 at 02:06 AM
Hans I liked you in Die Hard but u thinking I lost just because you fail to answer logical questions is funny, I called next before you even had a thought. I love the fact that u can't answer or won't . Also Toptubu tried to point out that I was wrong on FACTS but failed to point out anything. Point to me lol have fun drinking that hateraid "trashsolo" you fools are clownshoes straight up!!! Good luck on your next crusade.
Hans Laetz October 28, 2012 at 02:47 AM
Thanks. Crusades are fun when you win. You should try that sometime.
edvice October 28, 2012 at 02:55 AM
Keep on trying Hans, I'm your Sultan Saladin!!!
TOPTOBU October 28, 2012 at 12:36 PM
I believe that edvice lives in the one the cities that our Mayor mentioned at the hearing...READ THE STAFF REPORT THAT SUPPORTED THE DENIAL OF THE APPEAL AND YOU WILL HAVE ALL THE FACTS!
edvice October 28, 2012 at 06:56 PM
Site any study done with % on limitation to equal greater safety. Here I'll start Chicago has one of the toughest gun laws in the nation but has the highest amount of gun related crimes .....Arizona has some of the leaner gun laws and has less gun related crime in the country see that is a example to show how restriction of a certain item will not always lead to safety arguing with you to morons is like playing cards with my brothers kids!!
Hans Laetz October 28, 2012 at 08:07 PM
Cite ... it's spelled cite.
Hans Laetz October 28, 2012 at 08:34 PM
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Hans Laetz October 28, 2012 at 08:35 PM
Cook, P.J. Paying the Tab: The Costs and Benefits of Alcohol Control. Princeton, NJ: Princeton University Press, 2007. Cunradi, C.B.; Mair, C.; Ponicki, W.; and Remer, L. Alcohol outlets, neighborhood characteristics and intimate partner violence: Ecological analysis of a California city. Journal of Urban Health 88:191–200, 2011. PMID: 21347557Duailibi, S.; Ponicki, W.; Grube, J.; et al. The effect of restricting opening hours on alcohol-related violence. American Journal of Public Health 97:2276– 2280, 2007. PMID: 17971559 Edwards, G.; Anderson, P.; Babor, T.F.; et al. Alcohol Policy and the Public Good. Oxford, U.K.: Oxford University Press, 1994. Everitt, R., and Jones, P. Changing the minimum legal drinking age: Its effect on a central city emergency department. New Zealand Medical Journal 115:9–10, 2002. PMID: 11936350 Fell, J.C.; Fisher, D.A.; Voas, R.B.; et al. The relationship of underage drinking laws to reductions in drinking drivers in fatal crashes in the United States.Accident Analysis and Prevention 40:1430–1440, 2008. PMID: 18606277 Forster, J.L.; McGovern, P.G.; Wagenaar, A.C.; et al. The ability of young people to purchase alcohol without age identification in northeastern Minnesota, USA. Addiction 89:699–705, 1994. PMID: 8069171 Freisthler, B.; Gruenewald, P.J.; Treno, A.J.; and Lee, J. Evaluating alcohol access and the alcohol environment in neighborhood areas. Alcoholism: Clinical and Experimental Research 27:477–484, 2003. PMID: 12658114
Hans Laetz October 28, 2012 at 08:36 PM
Freisther, B.; Gruenewald, P.J.; Ring, L.; and LaScala, E.A. An ecological assessment of the population and environmental correlates of childhood accident, assault, and child abuse injuries. Alcoholism: Clinical and Experimental Research 32:1969–1975, 2008. PMID: 18782339 Gmel, G., and Rehm, J. The empirical testability of Skog’s theory of collective drinking behavior. Drug and Alcohol Review 19:391–399, 2000. Gorman, D.M., and Speer, P.W. The concentration of liquor outlets in an economically disadvantaged city in the northeastern United States. Substance Use and Misuse 32:2033–2046, 1997. PMID: 9440151 Gorman, D.M.; Speer, P.W.; Gruenewald, P.J.; and Labouvie, E.W. Spatial dynamics of alcohol availability, neighborhood structure and violent crime. Journal of Studies on Alcohol 62:628–636, 2001. PMID: 11702802 Grube, J.W. Preventing sales of alcohol to minors: Results from a community trial. Addiction 92(Suppl. 2):S251–S260, 1997. PMID: 92311448 Grube, J.W. Environmental approaches to preventing adolescent drinking. In: Scheier, L., Ed. Handbook of Drug use Etiology: Theory, Methods and Empirical Findings. Washington, DC: American Psychological Association, 2009, pp. 493–509. Grube, J.W., and Stewart, K. Preventing impaired driving using alcohol policy. Traffic Injury Prevention 5:199–207, 2004. PMID: 15276920 Gruenewald, P.J. The spatial ecology of alcohol problems: Niche theory and assortative drinking. Addiction 102:870–878, 2007. PMID: 17523980
Hans Laetz October 28, 2012 at 08:37 PM
Gruenewald, P.J. Why do alcohol outlets matter anyway? A look into the future. Addiction 103:1585–1587, 2008. PMID: 18821868 Gruenewald, P.J., and Remer, L. Changes in outlet densities affect violence rates. Alcoholism: Clinical and Experimental Research 30:1184–1193, 2006.PMID: 16792566 Gruenewald, P.J.; Madden, P.; and Janes, K. Alcohol availability and the formal power and resources of state alcohol beverage control agencies. Alcoholism: Clinical and Experimental Research 16:591–597, 1992. PMID: 1626661 Gruenewald, P.J.; Millar, A.B.; and Treno, A.J. Alcohol availability and the ecology of drinking behavior. Alcohol Health & Research World 17:39–45, 1993. Gruenewald, P.J.; Millar, A.B; Treno, A.J.; et al. The geography of availability and driving after drinking. Addiction 91:967–983, 1996. PMID: 8688823 Gruenewald, P.J.; Ponicki, W.R.; and Holder, H.D. The relationship of outlet densities to alcohol consumption: A time series cross-sectional analysis.Alcoholism: Clinical and Experimental Research 17:38–47, 1993. PMID: 8452207 Gruenewald, P.J.; Stockwell, T.; Beel, A.; and Dyskin, E.V. Beverage sales and drinking and driving: The role of on-premise drinking places. Journal of Studies on Alcohol 60:47–53, 1999. PMID: 10096308 Gruenewald, P.J.; Johnson, R.W.; and Treno, A.J. Outlets, drinking and driving: A multilevel analysis of availability. Journal of Studies on Alcohol 63:460–468, 2002. PMID: 12160105
Hans Laetz October 28, 2012 at 08:38 PM
Gruenewald, P.J.; Freisthler, B.; Remer, L.; et al. Ecological models of alcohol outlets and violent assaults: Crime potentials and geospatial analysis. Addiction101:666–677, 2006. PMID: 16669900 Gruenewald, P.J.; Freisthler, B.; Remer, L.; et al. Ecological associations of alcohol outlets with underage and young adult injuries. Alcoholism: Clinical and Experimental Research 34:519–527, 2009. PMID: 20028361 Guide to Community Preventive Services: Preventing excessive alcohol consumption [article online]. Available at:www.thecommunityguide.org/alcohol/index.html. Accessed January 3, 2011. Guria, J.; Jones, W.; Leung, J.; and Mara, K. Alcohol in New Zealand road trauma. Applied Health Economics and Health Policy 2:183–190, 2003. PMID: 15119537 Hadfield, P. Nightlife and Crime: Social Order and Governance in International Perspective. Cambridge, U.K.: Cambridge University Press, 2009. Hoadley, J.F.; Fuchs, B.C.; and Holder, H.D. The effect of alcohol beverage restrictions on consumption: A 25-year longitudinal analysis. American Journal of Drug and Alcohol Abuse 10:375–401, 1984. PMID: 6528871 Holder, H.D. Alcohol and the Community: A Systems Approach to Prevention. London, U.K.: Cambridge University Press, 1998. Holder, H.D., and Blose, J.O. Impact of changes in distilled spirits availability on apparent consumption: A time series analysis of liquor-by-the-drink. British Journal of Addiction 82:623–631, 1987. PMID: 3475101
Hans Laetz October 28, 2012 at 08:39 PM
That's up to H in the National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism bibliography. Do you want the rest?
edvice October 28, 2012 at 09:09 PM
Sure but keep it relevant studies done in the UK or Oxford are out, also if u didn't copy and paste all these and actually read them you can see most have no relevance to the issue at hand also if u notice most was written by the SAME PEOPLE. By the way MORON any study done in the UK, Oxford or British paper is focused on their drinking habits in their society not U.S. comparing apples and oranges you posted a Finland study Hans Finland dude c'mon lol its a clown show and Hans will now RECITE from the British Journal for Malibu lol I knew you would do this lol read one and feel stupid for posting non relevant study done in 1975 or 84 their numbers for their country which by the way population and # of cars will be totally different than any U.S. city. Oh don't forget to leave a time for your next performance sucka !!! Lol Finland lol
Hans Laetz October 28, 2012 at 09:12 PM
Your friend's Circle K stays dry. Malibu wins.
Steven Quartz October 28, 2012 at 09:41 PM
You should read Truong, Khoa D, and RolandSturm. "Alcohol outlets and problem drinking among adults in California." Journal of studies on alcohol and drugs 68.6 (2007):923-933. The issue is more complex - and the rational license policy would be to limit on-site licenses.
edvice October 28, 2012 at 09:49 PM
By the way on-site and off-site consumption #'s for California and density of licensing is very interesting u should check it out Hans. Look I could give a damn about Circle K or any place for that matter I don't shop there. I'm looking at a bigger picture here which you are to closed minded to see. You thinking that someone who pulls into Circle K to buy beer to drink on the road will be deterred because this place doesn't sell or like hellwoods story happens but in reverse " oh well I guess that I can't drink now" but oh what's this place .5 miles away. I'm just saying people will do what they do .....prohibiting sales does not solve this dilemma. You can't drink on the beach right but people do and usually they buy from grocery stores not overpriced places right near it, and I'm speaking on authority on this, but I know you and others mean well but your going about it the wrong way. By the way they can close that circle k and put a hot dog stand there for all I care or a how bout a hubcap shop, I'm on the team of common sense and reason and it just doesn't make sense to me that's all
hellwood October 28, 2012 at 10:40 PM
you might be right. I was just reminiscing of the good old days, and I cant speak for everybody. Just because my ridiculous scenario is something my friends and I have lived to tell about before half of them died in crashes and on drugs doesn't mean times haven't changed. I do believe that stopping the hardcore drinkers is next to impossible, however if getting alcohol is a hassle, the average people wont want to deal with it. Who benefits from a drive-thru liquor store on a highway other than the owner anyways? the rest of us just get our beer when we are buying our groceries.


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